HomeMy WebLinkAboutresolution.council.026A-12 RESOLUTION #
(Series of 2012)
A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF
ASPEN, COLORADO, AND EXCAVATION SERVICES, INC SETTING
FORTH THE TERMS AND CONDITIONS REGARDING THE RUBEY
PARK CONCRETE PAD REPLACMENT PROJECT AND AUTHORIZING
THE CITY MANAGER TO EXECUTE SAID CONTRACT
WHEREAS, there has been submitted to the City Council a contract
between the City of Aspen, Colorado, and Excavation Services, Inc a copy
of which contract is annexed hereto and made a part thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF ASPEN, COLORADO:
Section 1
That the City Council of the City of Aspen hereby approves that
contract between the City of Aspen, Colorado, and Excavation Services,
Inc regarding. Rubey Park Concrete Pad Replacement Project, a copy of
which is annexed hereto and incorporated herein, and does hereby
authorize the City Manager of the City of Aspen to execute said contract on
behalf of the City of Aspen.
Dated:
4°731 IV19 #44,
Michael C. Ireland, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify
that the foregoing is a true and accurate copy of that resolution adopted by
the City Council of the City of Aspen, Colorado, at a meeting held April 9th
2012
/61,/ / 411 1 //' CLiAlr-aj„
• K:t ryn S. Koch, City Clerk
i k,
The Oily(Moen
CONTRACT FOR CONSTRUCTION City Nunes OIhee
THIS AGREEMENT, made and entered into on April 9, 2012, by and between the CITY OF
ASPEN, Colorado, hereinafter called the "City", and Excavation Services Inc., hereinafter
called the "Contractor".
WHEREAS, the City has caused to be prepared, in accordance with the law,
specifications and other Contract Documents for the work herein described, and has approved
and adopted said documents, and has caused to be published, in the manner and for the time
required by law, an advertisement, for the project: Rubey Park Concrete Pad Replacement,
and,
WHEREAS, the Contractor, in response to such advertisement, or in response to direct
invitation, has submitted to the City, in the manner and at the time specified, a sealed Bid in
accordance with the terms of said Invitation for Bids; and,
WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined,
and canvassed the Bids submitted in response to the published Invitation for Bids therefore, and
as a result of such canvass has determined and declared the Contractor to be the lowest
responsible and responsive bidder for the said Work and has duly awarded to the Contractor a
Contract For Construction therefore, for the sum or sums set forth herein;
NOW, THEREFORE, in consideration of the payments and Contract for Construction
herein mentioned:
1. The Contractor shall commence and complete the construction of the Work as fully
described in the Contract Documents.
2. The Contractor shall furnish all of the materials, supplies, tools, equipment, labor and
other services necessary for the construction and completion of the Work described
herein.
3. The Contractor shall commence the work required by the Contract Documents within
seven (7) consecutive calendar days after the date of "Notice to Proceed" and will
complete the same by the date and time indicated in the Special Conditions unless the
time is extended in accordance with appropriate provisions in the Contract Documents.
4. The Contractor agrees to perform all of the Work described in the Contract Documents
and comply with the terms therein for a sum not to exceed Ninety Three Thousand
Seven Hundred Sixty One ($93,761.00) Dollars or as shown on the BID proposal.
5. The term "Contract Documents" means and includes the documents listed in the City of
Aspen General Conditions to Contracts for Construction (version GC97-2) and in the
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Special Conditions. The Contract Documents are included herein by this reference and
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made a part hereof as if fully set forth here.
6. The City shall pay to the Contractor in the manner and at such time as set forth in the
General Conditions, unless modified by the Special Conditions, such amounts as
required by the Documents.
7. This Contract For Construction shall be binding upon all parties hereto and their
respective heirs, executors, administrators, successors, and assigns. Notwithstanding
anything to the contrary contained herein or in the Contract Documents, this Contract For
Construction shall be subject to the City of Aspen Procurement Code, Title 4 of the
Municipal Code, including the approval requirements of Section 4-08-040. This
agreement shall not be binding upon the City unless duly executed by the City Manager
or the Mayor of the City of Aspen (or a duly authorized official in his/her absence)
following a resolution of the Council of the City of Aspen authorizing the Mayor or City
Manager (or a duly authorized official in his/her absence) to execute the same.
8. This agreement and all of the covenants hereof shall inure to the benefit of and be
binding upon the City and the Contractor respectively and their agents, representatives,
employees. Successors, assigns, and legal representatives. Neither the City nor the
Contractor shall have the right to assign, transfer or sublet his or her interest or
obligations hereunder without the written consent of the other party.
9. This agreement does not and shall not be deemed or construed to confer upon or grant
to any third party or parties, except to parties to whom the Contractor or the City may
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assign this Contract For Construction in accordance with the specific written consent, any
rights to claim damages or to bring suit, action or other proceeding against either the City
or the Contractor because of any breach hereof or because of any of the terms,
covenants, agreements or conditions herein contained.
10. No waiver of default by either party of any terms, covenants or conditions hereof to be
performed, kept and observed by the other party shall be construed, or operate as, a
waiver of any subsequent default of any of the terms, covenants or conditions herein
contained, to be performed, kept and observed by the other party.
11. The parties agree that this Contract For Construction was made in accordance with the
laws of the State of Colorado and shall be so construed. Venue is agreed to be kept
exclusively in the courts of Pitkin County, Colorado.
12. In the event that legal action is necessary to enforce any of the provisions of this Contract
for Construction, the prevailing party shall be entitled to its costs and reasonable
attorney's fees.
13. This Contract For Construction was reviewed and accepted through the mutual efforts of
the parties hereto, and the parties agree that no construction shall be made or
presumption shall arise for or against either party based on any alleged unequal status of
the parties in the negotiation, review or drafting of this Contract For Construction.
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14. The undersigned representative of the Contractor, as an inducement to the City to
• execute this Contract For Construction, represents that he/she is an authorized
representative of the Contractor for the purposes of executing this Contract For
Construction and that he/she has full and complete authority to enter into this Contract
For Construction for the terms and conditions specified herein.
IN WITNESS WHEREOF, the parties agree hereto have executed this Contract For
Construction on the date first above written.
ATTE TED BY: CITY OF S E N OLORADO
fa/
.4- //r Alp // C_ By:
Title:
APPROVED AS TO FORM:
ity Attorney
ATTESTED B : CONTRACTOR:
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_ By:
Title: �_;w�_.6! d_• •
Note: Certification of Incorporation shall be executed if Contractor is a Corporation. If a
partnership, the Contract shall be signed by a Principal and indicate title.
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CERTIFICATE OF INCORPORATION
so (To be completed if Contractor is a Corporation)
STATE OF (ivlo )
SS.
COUNTY OF at 11"`-Lot- )
On this3�0� day ofQ2Cik-, _ , 2012, before me appeared
-k�- , to me personally known, who,
being by me fst duly sworn, did say that s/he is .ec/2-P of
t.Cca-ua a v �vvr"c.co I K--- and that the seal affixed to
said instrument is the corporate seal of said corporation, and that said instrument was signed
and sealed in behalf of said corporation by authority of its board of directors, and said deponent
acknowledged said instrument to be the free act and deed of said corporation.
WITNESS MY HAND AND NOTARIAL SEAL the day and year in this certificate first above
written.
.? ° °° � r A)
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My commission expires: '? 3/2/ .3
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fb BID PROPOSAL FORM
PROJECT NO. : 2012-039 -� �,L.r
ice �� �� � � �/ic�5�b
BID DATE: March 19,2012
PROJECT: Rubey Park Concrete Pad Replacement
PROPOSAL SUBMITTED BY: CONTRACTOR
CONTRACTOR'S PROPOSAL
TO: The Governing Body of the City of Aspen, Colorado
The undersigned responsible bidder declares and stipulates that this proposal is made in good faith,without
collusion or connection with any other person or persons bidding for the same work, and that it is made in
pursuance of and subject to all the terms and conditions of the advertisement for bid, the invitation to bid
and request for bid,all the requirements of the bid documents including the plans and specifications for this
bid, all of which have been read and examined prior to signature. The bidder agrees to keep this bid open
for Sixty(60) consecutive calendar days from the date of bid opening.
The Contractor agrees that construction shall start immediately following a mandatory pre-construction
conference held by the Engineering Department,which also constitutes the Notice to Proceed. Submission
of this proposal will be taken by the City of Aspen as a binding covenant that the Contractor will finish
construction within the time specified in the Special Conditions of this contract document.
The City of Aspen reserves the right to make the award on the basis of the bid deemed most favorable to the
City,to waive any informalities or to reject any or all bids.
The City shall not pay the Contractor for defective work and/or for repairs or additional work required for
successful completion of the project. All work not specifically set forth as a pay item in the bid form shall
be considered a subsidiary obligation of the Contractor and all costs in connection therewith shall be
included in the prices bid for the various items of work. Prices shall include all costs in connection with
furnishing the proper and success completion of the work,including furnishing all materials, equipment and
tools,and performing all labor and supervision to fully complete the work to the City's satisfaction.
Poor quality and workmanship shall not be paid for by the City. Such work product must be removed
immediately and replaced properly at no cost to the City.
All quantities stipulated in the bid form at unit prices are approximate and are to be used only as a basis for
estimating the probable cost of work and for the purpose of comparing the bids submitted to the City. The
basis of payment shall be the actual amount of materials furnished and work done. The Contractor agrees
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ctoro's Initials
to make no claims for damages, anticipated profit,or otherwise on account of any differences
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between the amount of work actually performed and materials actually furnished and the
estimated amount of work.
The City reserves the right to increase or decrease the amount of work to be done on the basis of
the bid unit price and up to plus or minus Twenty Five(25)Percent of the total bid.
By signing this document,Contractor certifies and represents that at this time:
(i)Professional shall confirm the employment eligibility of all employees who are newly
hired for employment in the United States;and
(ii)Professional has participated or attempted to participate in the Basic Pilot Program in
order to verify that it does not employ illegal aliens.
I hereby acknowledge receipt of ADDENDUM(s)numbered 0 through 0
ESTIMATED QUANTITY LIST
Item Description Quantity Unit Price Total
Number
106 Material Testing 1 LS 4200.00 4200.00 •
626-1 Mobilization 1 LS 4000.00 4000.00
630 Construction Zone Traffic Control 1 LS 4000.00 4000.00
609-1 6"Curb and Gutter Type 2,Section IIB 300 LF 31.35 9405.00
202-1 Removal of curb and gutter 300 LF 12.00 3600.00
202-2 Removal of asphalt mat 65 SY 30.60 1989.00
404-3 Hot Bituminous Pavement(Grade SX) 65 SY 80.00 5200.00
703 Structural Road Base 138 CY 70.00 9660.00
412-1 Concrete Sidewalk(4") 10 SY 93.50 935.00
601-2 Miscellaneous Reinforced Concrete Flatwork(10"depth)276 SY 138.50 38226.00
202-4 Removal concrete 10 SY 36.00 360.00
202-4 Remove reinforced concrete 276 SY 36.00 9936.00
Concrete Grinding to address vertically displaced joints 150 LF 15.00 2250.00
TOTAL BID IN NUMBERS: $93761.00
Total Bid in Words:Ninety Three Thousand Seven Hundred Sixty One& 00/100
*BP1 Page 2 Contractor's Initials
•
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• I acknowledge that in submitting this bid it is understood that the right to reject any and all bids has been
reserved by the owner.
Authorized Officer: /Rey l/S) ,Title: 12 )10ejti---
Full name signature: __2.---i)Company address: .• .Csf_ f S '
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Telephone number: % 3 IC 3
Fax number: . 3 _
Attested by: /LLJA
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Subcontractor& Material Supplier List
Name: I/7 0 ,Phone#:V 71 630
Address: CZ $ le,Atit-l e—
Service or Product: ('o j/icJ P_- .
Name: Qeit i1b pi„,_ 0,„„*„./...4.,..„) ,Phone#:3'/4 V
A d d r e s s: ` LS kfl-LA S r ■n.....'7k J N
Service or Product: 4 +'A a ) I i r
Name: l ' 1-Z 214 1 ,Phone#:mtr.77 6 731
Address: ;;
Service or Product: air : m. .= A 114. I
Name: ,Phone#:
Address: l CJ—L/�p .
Service or Product: ( r9 Pe
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Name: ,Phone#:
Address:
Service or Product:
Name: ,Phone#:
Address:
Service or Product:
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LIQUIDATED DAMAGES
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for
FAILURE TO COMPLETE THE WORK ON TIME
The undersigned contractor declares his/her full awareness of the content and terms of this contract and
affirms that the contractual time is the period mentioned in the contract Specifications plus the time
extension(s), if any, granted by the City of Aspen for successful completion of project. The
undersigned contractor further acknowledges he/she understands and agrees to liquidated damages to
be deducted from moneys due to him/her for any delayed calendar day beyond the total time at the rate
of$1,000.00 per day . This amount and the total allowed time by the City shall not be negotiable
under any conditions.
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® Corporate',Seal' �_1dr :isf/' •
By: �_• �r
STATE OF COLORADO )
) SS.
COUNTY )
Before me i i(i e- ,a notary public and for a A e.(pt
County,Colorado personally appeared 17-1 1u S r known to
me personally to be the person(s)whose signature(s)in my presence this I y day of
arc k ,A.D.2012.
My commission expires: '7413/2013
(Seal)
Notary Public
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AFFIDAVIT OF COMPLIANCE
PROJECT NUMBER:2012-039
The undersigned contractor has read a copy of the Contract Documents including the
construction plans, for this project and understands and hereby affirms that he/she does not now,
nor will he/she in the future,violate the provisions of said Contract Documents, so long as he/she
is under the Contract to the City of Aspen for the performance of a Contract. The undersigned
further acknowledges he/she understands and agrees to all terms and conditions of the Aspen
Municipal Code and its being part of the Contract with the City of Aspen.
Attest:. j
Corporate.•S;eal 61-Ontit .414 L)1J
ontractor
By: �_ � r'�
STATE OF COLORADO )
SS.
COUNTY )
Before me (i (�(A-s *- ,a notary public and for
County,Colorado personally appeared —Poi �r, %4er - known
to me personally to be the person(s)whose signature(s)in my presence this A`E`U"'
day of `114,*Acl— ,A.D.2012 .
My commission expires: 7 f 2-31a-0)
(Seal) /-2. -661
$, Notary Public
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